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;.�, APPLICATION TO i30ARD OF APPEALS
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� • " COMMUNITY. OEVELONMENT OIV.. •
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r � � PROT[CTIVE INSPECiION SEC. •
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� �""1 � CITY HALL FRIOLEV � 55432 NUMEiER REV. DATE VAGE OF APVNOVEO BY
��__'.!`' �•� 612-5�'ib-3d50
910-F23 1 3/21/75 •1 2 800
ATam � ��ddre� II Phon
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Legal t o. Block No. �c.t or Addn. 1 . '�Y�"3 ,��
Description ��,�� '� 1�C �Ue�' v� c� b��°t ����� ov'� � �
Variance Request(s); including stated hardships (attach plat or survey of property
showiny building, variances, etc., where applicable)
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Date n � . '
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Meeting Date Fee . Receipt No. S' n ure
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ComJnents & Recommendations by �i _ , _
tlze Board of Appeals � . �y .
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City Council Actian and Date
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• SUBJkCf � '
C;ity c�f Frizllc�y APPLICATIO�d TO BOARD OF APPEALS
AT THE TOP OF THE TWINS
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COMMUNITY DEVEIOPMENT DIV. ' • �StSff RepOY�t�
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r � � PkOTECTIVE INSPEC710N SEC. ,
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�� /'°'1 • CI7Y HALI FR�DIEY SS4�2 NUMHEA NEV. UAtE VAGE OF ApPHOVEU bY
-•--� � �`� 612•560.3450
910-F23 1 3/2i/75 2 2 . 800
Staff Comments
Board me�nbers notified of ineeting by %— /� �� . List members,
date notified, and "Yes" or "No" for plans to attend hearing�. Plan
Name
Date � 7.+o Attend
Pearson making appeal and the followinq property owners having property within 200
Bv Whom
f Ms•'Beverly Betts,8280 East River Road N.E.
�'�/M Lawrence Korzenowski, 529 Janesville Street N.E.
Ms. Jeannette Cameron,533 Janesville Street N.E.
M/M Joseph Schommer,5d3 Janesville Street N.E.
` Barney Kinsey & Bernice Kuure,557 Janesville
M/M Leonard Kirberger,563 Janesville
— M/M Jerry Ziebarth,550 Kimball St. N.E.
M/M John Olson,538 Kimball St. N.E.
M/M Kenneth Wollan,528 Kimball St. N.E.
'—' M/M Webb White,518 Kimball St. N.E.
M/M Melvin Lange, 8310 East River Road N.E.
— M/M Dennis Larson,510 Janesville
M/M Garry Johnson, 8200 East River Road
M/M John Kari,511 Ironton Street N.E.
— M/M Albzrt Korpela ,521 Ironton St. N.E.
M/P1 John Fiiller,539 Ironton St. N.E.
---. Mr. & Mrs. Donald Wilson,541 Ironton
M/M Michael Lundberg, 561 Ironton St. N.E.
M/M Keith Erickson,5i1 Ironton
'"'— Mr. J�mes Woodward,540 Ironton
M/M David Hughes,536 Ironton
�-- Mr. Noward Keuckendorf,528 Ironton St. N.E,
M/M Jerry Wuollet, 520 Ironton St. N.E.
M/M Gary Wilson,510 Ironton St. N.E.
"' M/M Roland Jones,564 Janesville St. N.E.
Mr. Stewart Broadhead, 554 Janesville St. N.E.
„_ M/M Le Roay Stueve, 532 Janesville St. N.E.
Ms. Rosemary Landis, 530 Janesville St. N.E.
Ms. Elaine Tenny, 528 Janesville St. N.E.
� Michael 6rubbs, 518 Janesville St. N.E.
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CITY OF FRI�LEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
TELEPHONE ( 612)571-3450
September 7, 1979
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Appeals Coirnnission of the City of Fridley
will conduct a public hearing in the Ci�y Council Chambers at 6431 University
Avenue Northeast at 7:30 P.M, on Tuesday, September 18; 1979; it�v�ega�d ta�the
follawing:
Request for a variance pursuant to Chapter 205
of the Fridley City Code, to•reduce the front
yard setback fror� the required 35 feet to
approximately 18- feet, to :�llow the enclosure
of two sides of the existing structure for a
10 foot by 16 foot screen porch, located on
Lots 53 and 54, Slock F, Riverview Heights, the
same being 530 Janesville Street N.E.
Notice is hereby give that all persons having an interest therein will be
given an opportunity to be heard at the above time and place.
VIRGINIA $CHNA��I�
CHAIRWOMAN
APPEAL$ GQMN}I$•�I��!
�Vote; The Appeal� Commissi'on will have the �ina1 action on thi� request.
anles� there are pbjections fror� surrounding neighbors, the City Staff, or
tFie petitioner does not agree with the Commission`s decision, If any of
these events occur, thn rec��:.��st will continue to the City Council throu�h
the PTanning Corrm�i�sian wit.h only a recommendatian from the AppeaTs Co�ission.
Item #2 September 18, 1979
ADMINISTRATIVE STAFF REPORT
530 Janesville St. N.E.
A. PUBLIC PURPOSE SERVED BY REQUIFiFM�T:
Section 205.053, 4A, requires a front yard setback of not less than 35 feet
Public purpose served by this requirement is to allow for off-street
parking without encroaching on the publia right of way and also for
aesthe tic consideration to reduce the "building line of sight" encroachment
into the neighbor's front yard.
B, STATED HARDSHIP:
"The building already exists and I would lik� to inclose 2 sides for a
10' x 16' screen porch."
C. AIlNIIPdISTRATIVE STAFF REVIEW:
The existing Ybouse is set back approximately 18 feet fmm the front lot line.
The house has a jog in the front which they wish to screen in for a porch
which will make the front of the house a strai.ght line. There is a 7.6 foot
boulevard on this street. The house to the west has a front yard setback of
26 feet (verified) and the house to the east has a front yard setback of 35 feet.
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Rosemary Landis
530 Janesville St.
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APPEALS COMMISST_ON MEETING, SEPT�MBER 18, 1979 PAGE 3
UPON A VOICE V'OTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED
AN`CMOUSLY .
2. VA,RIANCE REQUEST PURSUAN_T__TO CHAPTER 20_5___OF TH� FRIDLEY C I_TY CODE, TO REDUCE THE
FRONT YARD S�TBACK FROM THE REQUiRED 35 FEET TO APPROXIMATELY 18 FEET, TO ALLOW
THE ENCLOSURE OF T4�0 SIDES OF AN EXISTING STRUCTURE FOR A 10 FOOT BY 16 FOOT
SCREF.N PORCH, LOCATED ON LOTS 52 AND 54, BLOCK F, RIVERVIEW HEIGHTS, THE SAML �
B�TNG 530 JANESVILLE STIiEET N.E. (Request by Rosemary Landis, 530 Janesville
Street N.E „ Fridley, Minnesota 55432). •
Chairwoma.n Schnabel read the staff report:
ADMINJSTRATIVE STAF'F REPORT
530 Janesville 5t. N.E.
A. Pt3BLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.053, 4A, requires a front yard setback of not less than 35 feet
Public purpase served by this requirement is to allow for off-street
parking without encroaching on the public right of way and also for
aesthetic consideration to reduce the "building line of sight" encroachment
into the neighbor's front yard�
B. STATED HARDSHIP:
•"The building already exists and I would like to inclose 2 si.de.s for a
1 0' x 16' screen porch."
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C. ADMIPdISTRATIVE STAFF REVIEW: - •
The existing house is set back approximately 18 feet from the front lot line.
The house has a jog in the front which they wish to screen in for a porch
which will make the front of the house a straight line. There is a 7.6 foot
boulevard on this street. The house to the west has a front yard setback of
26 fee� (verified) ar�d the house .to the east has a front yard setback of 35 feet.
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Mr. Moravetz said he had no further comments to make.
The petitioner, Rosema�ry Landis, 530 Janesville Street, came forward.
A
Ms. Landis said sha would be enclosing the present structure, and presented a scaled
drawing. The idea was to square off the front of the house, and therefore does not
inv�lve any more Iland area.
Ms. Schnabel asked how the 2 roof lines would connect and what type of footings there
was .
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APPEALS COMMZSSION MEETTNG, SEPTEMBER 18, 1979 PAGE 4
�
Ms. Landis said she was not sure on the roof line, but th'e contractor would be working
with Che city staff to make sure the roof line was acceptable. ,
. 1 •.
Mr. Barna said this house has a floating slab foundation and the``t�ddition woul�i have
to have the same. �
Mr. Moravetz advised the petitioner to check with Darrel Clark on these 2 questions.
Mr. Kemper wanted to know the purpose of this addition.
Ms. Landis said it would be used as a summer porch. Her living room is small and gets
stuffy during the su�er and this would give an area to sit in without misquitos.
Fresently this area is sometime used for her son's bike or toys. It would not be used
as a storage area. There would be no windows with glass, only screens.
Ms. Schnabel asked where the entrance door was.
Ms. Landis said it would be on the side by the driveway.
Ms. Schnabel asked if anyone if the audience had any comments.
Mr. and Mrs. Laxry Korzenowski, 529 Janesville Street, said they lived acr�ss from
this home and objected very much to the addition. They £elt the addition would de-
tract from the neighborhood and cause property value to decline. They said they will
have to look at the porch, which they felt should be on the rear of the home. The
porch would be only 22 feet from the curb. Mr. Lorzenowski said they have lived hexe
for 12 years and the home has been in a constant state of disrepair. They felt the
new porch would only add to a more run down appearance.
Ms. Schnabel asked the petitioner if she had talked to the neighbors.
Ms. Landis said the ones she contacted did not say one way or the other how they felt.
Ms. Schnabel asked the Korzenowskis if they had contacted other neighbors.
Mrs. Korzenowski said she had talked to two, but did not feel it was fair to give .
their names. Their opinions were negative, however. -
Ms. Schnabel asked Ms. Landis how long she�had lived in the home. She said 2 years.
Mx. Kemper asked if she wanted to respond to the Korzenowski's claims.
Ms. Landis said this was their opinion and she cannot answer for their point of view.
Mr. Kemper asked if during the 2 years Ms. Landis had been in the home, had the home
been repaired at all.
Mr. Korzenowski said na, it was worse now.
Mr. Barna said since this is being done by a professional contractox, could the petitioner
forsee having the broken stucco repaired.
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Ms. Landis said she would have no objection to this.
Ms. Schnabel said the staff reports the addition would be 18 feet fxom the lot line,
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APPEAI�S COMMISSION MEETING, SEPTII�ER 18, 1979 � __PAGE 6
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'Mr. Kemper asked Mr. Moravetz to clarify the footage, 14.4 feet or 18 feet, before
it goes to these meetings.
�i. VARIANCE REQUEST PURSUANT TO CHAPTIIt 205 OF TIiE FRIDLEY CITY CODE, TO REDUCE THE
� FROI�T YARD SETBACK FROM THE REQUIRED 35 FEE'� TO 32 FEET_,_TO_ALLOW A_6 FOOT ADDI-
ION TO AN EXISTING HOUSE LOCATED ON LOT 1 BLOCK 2 CARLSON'S SUNINIIT MANOR
- TH THE SAN1.� BEING 100 PANORAMA AVENUE N.E. (Request by John A. Montour, 100
Pan ama Avenue N.E., Fridley, Minnesota 55432). .
Chairwoman chnabel read the staff report:
ADMINISTRATIVE STAFF REPORT � � ' •
.
100 Panorama Avenue N.E. •
A.
0
PURPOSE SE�VED BY
e
Section 205.053, 4A\requires a front yard setback of not less than 35 feet
Public purpose served b this r�quirement is to allow for off-street
parking without encroach g on tYie public r�igh� of way and also for
aesthetic consideration t reduce the "buildi.ng line of sight" encroachment
into the neighboz's front y d. �
B. STATED'HARDSHIP:
"Would like to reduce the f ront
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setb ack by 6 feet to add an addition."
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C. ADMINISTRATIVE STAFF REVIL'W : � .
This property is an the corner o£ Panorama venue and Main Street N.E, and
the house and detached garage face Panorazna venue. The existing house is
approximately 37.4 feet �rom the front proper line and the houses to the
east of this property are approximately 31.4 f t and 26.4 feet from the
front property line. The 6 foot proposed additi n would make this house
line up with the housa directly to.the east of it. There is a 7.6 foot
b� ulevard on this street. t
Mr. Moravetz said his only cormnent was that the staff would like t e visual safety
control zone be a stipulation.
Mx. and Mrs. John M�ntor, 100 Panarama Ave., said they propose a 6 foo by 12 foot
addition on the front of their home. The windows and casings in this wa l area are
in bad need of repair and they felt since they were going to do that much ork and
spend that much money they might as well put an addition on the house. Thi would
also give them much needed living xoom space.
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Ms. Schnabel asked if this addition would go in front of the prasent front doo
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
TELEPIiONE ( 612)571-3450
September 24, 1979
TO WHOM IT MAY CONCERN:
At the Appeals Commission meeting of September 18, 1979 there was
discussion of a variance request for 530 Janesville Avenue N.E.
At this meeting, it was stated that this request would be on the
City Council agenda for October 22, 1979. Qne of the reasons for this long
delay was because there is no scheduled City Council meeting for October 8th
due to the Co1umbus Day holiday.
It has been determined that it is in the best interest af the
petitioner to move this item forward. Therefore, the City Council will
be hearing this request for a variance at their October lst meeting which
begins at 7:30 P.M. Anyone desiring to be heard on this item may be heard
at this time. If you were present at the Appeals Corr�nission meeting, your
comments will be in the Appeals Commission minutes which the City Council
will have at this meeting. The petitioner is requested to be at this'�
meeting.
VIRGINIA SCHNABEL
CHAIRPEBSON
APPEALS COMMISSION
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REGULAR 1�1EETING OF OCTOBER 1, 1979 ' Page 3
VARIANCE RE UEST TO REDUCE FRONT YARD SETBACK FROM REQUIRED 35 FEET
TO APPROXIMATELY 18 +/- TO ALLOW ENCLOSURE OF TWO SIDES OF EXISTING
STRUCTURE FOR A 10 x 16 FOOT SCREEN PORCH, BY ROSEMARY LANDIS, 530
JANESVILLE STREET:
Mr. Qureshi, City Manager, stated this property presently protrudes into
the front yard a�d the owner wishes to screen in for a porch which will
make the front of the house a straight line.
Ms. Landis, the petitioner, appeared before the Council regarding her request.
She stated the house has a jog in front and felt it would be nice to screen
it off for a porch. She stated it is on the north side and felt this might
also give extra protection against the wind.
Mr. Russell Tenney, 528 Janesville Street, a neighboring property owner,
stated he had no objection to Ms. Landis' request.
Ms. Landis stated she spoke to the Schommer's and they had no objection as
long as she wasn't going any claser to the property line.
Mr. Larry Korzenowski, 529 Janesville Street, stated he objected to the variance
as the building is only 22 feet from the street. He stated it is eye-catching
as you go down the street. He felt it was really too close to the street and
�re structure would also increase the eyesore and not prove any useful purpose.
Mr. Korzenowski felt the property is in such a state of disrepair and a porch
would be detrimental to the whole street, if it is kept up the same as the
rest of the house.
Councilman Fitzpatrick stated in Mr. Korzenowski's reference to "more structure",
he pointed out there is a structure there now and the proposed structure does
not come up ar�y further.
Councilman Fitzpatrick stated he felt it was a reasonable request. He stated
it is close to the street, but he envisions the closing in of that area isn't
going to encroach into the front yard or street any eloser than it is now. He
pointed out there are several homes on this side of the street that are cer-
tainly less than 35 feet from the street.
Councilman Fitzpatrick stated he is not totally unsympathetic with Mr. Kor-
zenowski's suggestion, but didn't feel screening this in would make that much
difference and that it was a reasonable request by the petitioner.
Mr. Herrick, City Attorney, stated what the Council should address itself to
is the question of hardship and whether there is something unique about this
case. He felt one question that may be pertinent is if the screen porch could
be put on the back of the property.
Ms. Landis stated it would be a little awkward to get back there as there is
a large tree and an entrance in the back to get to the water heater and the
pipes.
Councilman Fitzpatrick felt the question of hardship is pretty much in the eye
of the beholder. He pointed out that the petitioner noted there is a large
tree located in the back of the property and the situation isn't the same
for locating the porch in the back of the house as it is in the front of the
house.
,�QjjQ�, by Councilman Fitzpatrick to ao�rove the variance request to reduce
front yard setbacks from the required 35 feet to approximately 18 (+/-) to
allow enclosure of two sides' of existing structure for a 10 x 16 foot screen
porch, as requested by Rosemary Landis, 530 Janesville Street. Seconded by
Councilman Barnette.
Councilman Fitzpatrick stated he felt the request was reasonable and indicated
he was not totally unsympathetic with Mr. Korzenowski, but didn't feel that
if it is extended, it gives the appearance of encroaching more on the street .
Mr. Korzenowski stated, as it stands now, it is not a pleasant structure to
look at and felt this is just going to add to it.
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REGULAR MEETING OF OCTOQER 1, 1979 Page 4
Mayor Nee stated his reaction is that there isn't rationale to meet the
criteria of a hardship. The premise for the variance is that there is no
other practical way to use the land and really wasn't intended for this
sort of thing.
UPON A ROLL CALL VOTE TAKEN ON T„ FIF�„_M,�,IT .QN_ Councilman Fitzpatrick, Councilman
ne e, an ounci man c neider voted in favor of the motion. Mayor Nee
and Councilwoman Moses voted against the motion. Playor Nee de�„c.lar�d th�e,m ti_on�
carried by a 3 to 2 vote. .
Mr. Qureshi, City Manager, stated this request for a variance of the front
yard setback was heard by the Appeals Commission and resulted in a tie motion
by Lhe Commission.
Mr. Johnson, the petitioner, appeared before the Council regarding his variance
request. He stated, if they built the addition to the back of the property,
there is no feasible way to get to the back as they would have to go through
their dining room or kitchen area. They felt the proposal to build to the
front would be best as they could go out through the garage.
Councilwoman Moses stated she visited with Mrs. Johnson who showed her their
plans. She felt, from a re-sale value, you typically will find a family room
behind the garage and usually adjoining an eating area. Councitwoman Moses
stated, from her thinking, to have the family room come off the back of the
house into an eating area would make the property more valuable, rathQr than
having a hallway to the family room. She questioned if this possibility had
been explored.
Mr. Herrick, City Attorney, pointed out that variances to the ordinance are
� A to be granted where, because of some unique situation, as far as the property
is concerned, an unnecessary hardship would be caused on the people living
there.
Councilman Schneider asked if the family room couldn't be located in the back
of the house and, therefore, no variances would be needed.
Mr. Johnson stated the eating area in the kitchen is very small and if this
was done, they would have the traffic around the table. •
Councilman Schneider felt, in this particular case, to grant the variance would
be for a convenience factor and he is not comfortable, in his own mind, that a
hardship can be justified. He stated, in the previous case, which was heard
just before this request, there is a house that is a}ready encroaching on a lot
line and it appeared the porch being placed in another area created access problems. •
Mr. Johnson stated he has an entrance to the front and didn't want to tear up the
rest of the house.
Councilwomart Moses stated she didn't want to prevent Mr. Johnson from having a
family room, but, in her own mind, she felt that something could be planned for an
alternative to build out the back of the house.
MOTION by Councilwoman Moses to deny the variance request for Mr. Johnson, 7476
r� Melody Drive. Seconded by Councilman Schneider.
iMayor Nee stated he would be uneasy granting the variance in Melody Manor and
would see nothing but a flood of requests and all kinds of encroachments.
Councilwoman Moses stated s�he had the same problem as this was the first re-
quest they had for a variance in Melody Manor and felt it would also set a
precedent in that area.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared
the motion carried unanimously.
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